Compensation Bill [Lords]

As the Lord Chief Justice said, we cannot encapsulate the common law in one sentence. I can only assume that the hon. Gentleman has not read the entirety of Lord Hoffmann’s judgment on the Tomlinson and Congleton borough council case. Lord Hoffmann makes it clear that discussions on what is now called ““desirable activities”” should not apply where there is no genuine informed choice, such as in the case of employees. There is no exclusion within clause 1 to reflect the important qualification that Lord Hoffmann applied to it. Therefore, it does not accurately represent the law.